The clarion., 1887-11-02

| S A"tAonS, except those OF thu
acts OF 1913 and 1880, were not dona
) LIONS rather than intended payments
Inc many messages of our Governor,
insisting on recognition of this debt. a
the very time the appropriations wer,
MAKING; the very express terms of tn,
statutes making them; the very letter oi
senator George itself, assaiiing as +
aoes, the act OF 1880, because it recog
r'zed the debt-all show conclusiyei,
that such was the general understandins
prior to 1880; and that therefore tbe
payments made must have been intend
ed as gifts.
I'd. The fund under consideration
came from the United States, by gift al
lands. The statute runs as follows
There shall be granted in the said State
another township, or a quantity of LAND
equal thereto, to be located in tracts of
not less than four entire sections. each
which shall be vested in the Legislature
OF said State, in trust, for the sapport of
seminary of learning therein" etc.
Mark the term: not for the establishment
but for the support of a seminary. The
very term used, presupposes the estab,
llshment of the seminary by other
means: obviously, by the State. 1t was
not the intention that the federal dona.
| ton should constitute all the donation
to the Seminary. 1t was clearly intend
ed as an endowment in aid of a Semi
nary, which the State was to establish.
and which the State was to foster. Mis-
sisslppi had jJst been admitted into the
Union; she lay along the great river for
| five hundred miles, and commanded.
| virtually, the outlet of that national
| stream; the Indians were about to be
| extruded from her territories; and her
vast and fertile fields were drawing daily
swelling streams of immigration from
all the States of the Union; every indi-
cation, in short, pointed to an unpreced-
ented expansion and most abundant
prosperity 1t was impossible, under
| the circumstances, but that Congress in
making the grant, and the State in ac-
| cepting il, should both understand that
the State was to build up and foster the
| institution, and not act merely as the
dispenser of the Congressional bounty.
But we are not left merely to inference
here; the very first statute passed by
the State relative to these lands shows
her understanding of the matter. The
act, that of 1921, is entitled " An Act
concerning the location of thirty-six sec
tions of land granted by Congress to
this State for the use of seminary of
learning" And we find in the body of
the act, these expressions: THAT the
Governor be authorized to obtain the
best information (by) Which
to locate the whole or any part of thirty
six sections of land granted by Congress
TO this State for the use of a seminary of
learning" and again, $50 that the said
location may be made on
such lands as will in his judgment best
promote the interest of the institution
for a0hich 1t is intended"
Here, then. we have in the very act
of acceptance of the trust (for there
seems to be no antecedent one), an un-
mistakable showing that the State re-
ceived the property not for purposes OF
sale and absorption, but for the use OF
the institution. The term used Is one
of legal technics, and imports the benefit
or Droft of lands and tenements;" or, "a
trust and confidence reposed in one for
the hOIdinq of lands" And the last SEN
tence quoted, is direct recognition of
the fact by the Legislature IN its very
acceptance, that the lands were them
selves speci fcally intended for the insti-
tuition. And to give these terms, and
those of the act of Congress, their SIM
plest and plainest meaning, how could
seminary "use" the lands, or be sup
ported" by them, if the lands are to be
consumed in the very buildings, ETC.,
in which the exercises of the seminary
are conducted?
Hence | say, that when Senator George
treats the State appropriations as appli-
cable to the eTtinguishment OF this fund,
he undertakes to reverse the facts OF
history; for, except in the two items
above mentioned, he places the estab-
lishment and maintenance of the SEMI
nary solely on the property that was ex-
pressly given and accepted as auxiliary,
until the property is consumed, as he
claims, and then writes about "overpay-
ments."
Again: Not only is the Senator'S posi-.
tion in this regard not tenable as legal
or historical proposition; but also, as to
some of the appropriations Chose Tor
improvement, apparatus, ETC. J, 1t Is ut
terlv untenable as a matter of common
right The grounds, buildings and fur
niture of the University constitute one
of the most beautiful villages, and one
of the most valuable properties in the
State. Three hundred thousand dollars
would be a very reasonable valuation
for it. The property is all here, and II
ia the property of the State-not tTuS
property, but absolutely the States, and
so declared by our own Supreme Court
IL is the creation of these approprla
tions; and to own the property, and al
the same time to claim credit by way ol
, extinpuishment of debt, for the very
money that created the property so held
, and claimed would be-well rather goot
financiering, we will say. But its good
ness is of that quality that great STATE
might not affect.
e THE UNIVERSITY AS HARSH AND Ex
: ACTING CREDITOR.
Running through the whole of Sens
!, tinn Of onnression of the people of tn
STATE bv the University. He speaks o
sttbe chronic disease with which 1t ia
been always afflicted-'its pressln
q wants sfor an increase of revenues; 0
;ts "making forays on the Treasury
. whenever it suits its convenience or 1t
i tastes to do so;" of its exacting troI
q the toll and poverty of the good peopl
+ Of the State its alleged legal demands,
: etc His idea seems to be, and certain
: his article is calculated to convey th
imnression that the University has go
q ten the State in its power, by the PR
. curement of fraudulent statute en-
!. bodving an 'uniust and illegal d
i mand." the "giving of which sanctio
n hv word or deed" would be a n
q proach," ETC., etc.
The language is that of passion an
e ;nvectiye. not that of the judicial In
. nartiality which should have characte
% !zed his article. 1t asserts and lmph'
a. ;mnossible conditions. In the first plac
: the people of Mississippi cannot De 6
a. creed into paying any money tney
y not wish to pay, and any extravaga
i, "a unreasonable demand falls into ti
a. "shadowy inanen if simply ignored
' 0contemptuously," as the Legislature
ct 1856 is asserted to have treated uo
= McRae's message. A suit against !.
- State would result in nothing. Inc
= nrame Court of the United states D
~ sattIed that question, if it needed setti
,,t Nv the decision in Railroad 20.
20 Tannessee. 101 u. s.. 3S7; In which II
Z; ia tbat no execution can be taken
ia ,gainst the State, even after luogme
recoyered. And when it is remember
.rt that this particular exacung creuieo
ss is hut a part of the State macnineIy'
- = alreadv explained, its creature, with
"a s,ar1 Existence subject to the arpltrs
= viii Of the State, it should seem as II,
-, sa- az the University is concerned, o
no AssA 49, n,;ght very safely c0un